Category Archives: Temporary Restraining Order

Texas Family Code provides protection against family violence committed by a family member as well as by an outsider who has/had a relationship with the petitioner. Protective order, also known as restraining order in some states, is a court order issued to protect the victims (or likely victims) of family violence. There are two terms that are used in this regard namely family violence and dating violence that cover various forms of assaults. If you are a victim of family violence, then you should immediately sought legal counsel from a Family Law attorney or any other competent authorities such as the Department of Protective and Regulatory Services.

Any action or threat of action by a family member against another family member can be interpreted as an act of family violence if it causes or intends to cause physical harm, injury to body, physical and/or sexual assault, or reasonable fear of such actions in the future. Dating violence, on the other hand, constitutes any action or threat of action by a person against another person with whom s/he has or had a dating relationship that causes or intends to cause physical harm, injury to body, physical and/or sexual assault, or reasonable fear of such actions in the future. The judge will take into account certain parameters to decide whether the relationship is/was a dating relationship or not.

There are three different types of protective orders issued in the State of Texas: temporary ex parte, permanent, and emergency protective order. Temporary ex parte is a court order reserved for those situations that require immediate protection of the abused and/or his/her family from the abuser. Ex parte here refers to the fact that there is no need to send a notice to the abuser (respondent) to attend the hearing as it could jeopardize the security of the abused. It generally lasts up to 20 days but it can be extended to additional 20-day periods if the judge decides so. A permanent protective order is usually for less than 2 years but could be extended in certain circumstances. Emergency protective order is not issued by a Family Court but by a criminal court after the abuser is arrested for family violence, sexual assault, or stalking. It is generally for more than 30 days but less than 60 days; however, the use of a deadly weapon in assault could increase this duration.

A protective order for family violence could be filed by anyone in the household and if the abused is a child, then any adult could file for the protective order. Apart from this, the Attorney General, the District Attorney, Family Law attorneys or the Department of Protective and Regulatory Services also have the power to file for a protective order on the behalf of the abused. It must be proved in the court that an act of family violence has occurred or is likely to occur. In most cases, the testimony of the abused is enough for the issuance of the order even if a police report hasn’t been filed. It must be noted that there is no fee charged (from the abused) to apply for the protective order but if found guilty of family violence, the abuser may have to pay certain court fees.

If it’s proven that the family violence has occurred or is likely to occur, then the abuser is restrained from committing further violence, to have direct/indirect communication with the abused, approaching abused near his/her home or workplace, going near the home/day care/school of the court-order protected child, to have possession of a firearm and/or following, annoying, abusing, embarrassing, or harassing the abused. In some cases exclusive possession of the house could also be given to the petitioner.

Violation of the permanent protective order may lead to a fine up to $4,000 and/or jail time up to 1 year. If the violation constitutes family violence, then the abuser could be prosecuted for felony/misdemeanor which has minimum jail time of 2 years. For the violation of temporary ex parte protective order, the fine is up to $500 and/or jail time of up to 6 months. It is important to note that the valid protective orders from the other states are also enforceable in Texas.

About the Author

Michael Busby Jr. is a divorce & family law attorney, who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com

The form used in below. This is a standard form for divorces and many suit affecting the parent child relationship in Houston, Texas. I typically appear in this type of hearing at least once a week.

NO. _______________________

IN THE MATTER OF

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IN THE DISTRICT COURT

THE MARRIAGE OF

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AND

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JUDICIAL DISTRICT

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AND IN THE INTEREST OF

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CHILDREN

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HARRIS COUNTY, TEXAS

TEMPORARY RESTRAINING ORDER AND

ORDER SETTING HEARING FOR TEMPORARY ORDERS

The application of Petitioner, , for temporary restraining order was presented to the Court today. Respondent is .

The children the subject of this suit are .

The Court examined the pleadings of Petitioner and finds that Petitioner is entitled to a joint and mutual temporary restraining order.

IT IS THEREFORE ORDERED that the clerk of this Court issue a joint and mutual temporary restraining order restraining Petitioner and Respondent, and Petitioner and Respondent are immediately restrained, from:

1. Communicating with the other party in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.

2. Threatening the other party in person, by telephone, or in writing to take unlawful action against any person.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.

4. Causing bodily injury to the other party or to a child of either party.

5. Threatening the other party or a child of either party with imminent bodily injury.

6. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.

9. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value.

10. Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by this order.

12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by this order.

13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.

14. Spending any sum of cash in each party’s possession or subject to each party’s control for any purpose, except as specifically authorized by this order.

15. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order.

16. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by this order.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties’ children.

19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons, including the parties’ children.

20. Opening or diverting mail addressed to the other party.

21. Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.

22. Taking any action to terminate or limit credit or charge cards in the name of the other party.

23. Discontinuing or reducing the withholding for federal income taxes on each party’s wages or salary while this case is pending.

24. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements.

25. Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device.

26. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, or in any manner attempting to withdraw any deposits for service in connection with those services.

27. Excluding Petitioner from the use and enjoyment of the residence located at .

28. Excluding Respondent from the use and enjoyment of the residence located at .

29. Entering, operating, or exercising control over any vehicle in the possession of Petitioner.

30. Entering, operating, or exercising control over any vehiclein the possession of Respondent.

31. Disturbing the peace of the children or of another party.

32. Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled.

33. Hiding or secreting the children from the other party.

34. Making disparaging remarks regarding the other party or the other party’s family in the presence or within the hearing of the children.

35. Consuming alcohol within the 24 hours before or during the period of possession of or access to the children.

36. Permitting an unrelated adult with whom either party has an intimate or dating relationship to remain in the same residence with the children between the hours of 10:00 P.M. and 8:00A.M.

IT IS FURTHER ORDERED that each party is authorized only as follows:

To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

To engage in acts reasonable and necessary to conduct each party’s usual business and occupation.

This joint and mutual restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Petitioner and Respondent; on Petitioner’s and Respondent’s agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived.

IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, to appear, and Respondent is ORDERED to appear in person, and Respondent is to furnish information sufficient to accurately identify Respondent’s net resources and ability to pay child support and to bring with him tax returns for the past two years, a financial information statement substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 4-2, and pay stubs for the past three months. IT IS ORDERED that Respondent shall appear with those documents before this Court in the courthouse at

___ 1115 Congress, Houston, Texas 77020

___ 201 Caroline, Houston, Texas 77020

on at . M. The purpose of the hearing is to determine whether, while this case is pending:

1. The preceding temporary restraining order should be made a temporary injunction pending final hearing.

2. The additional temporary injunction prayed for should be granted.

3. Petitioner should be awarded the exclusive use and possession of the residence located at, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Respondent should be enjoined from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court.

4. Petitioner should be awarded exclusive use and control of any vehicle in possession of petitioner, and Respondent should be enjoined from entering, operating, or exercising control over it.

5. Petitioner should be awarded the exclusive use of the following property, and Respondent should be enjoined from exercising possession or control of any of this property: .

6. Petitioner and Respondent should be appointed temporary joint managing conservators, and Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children.

7. Respondent should be ordered to pay child support, health insurance premiums for coverage on the children, an equitable portion of the children’s uninsured medical expenses, the children’s private school expenses and the children’s day‑care expenses while this case is pending.

8. The Court should order reasonable periods of electronic communication between the children and Petitioner to supplement Petitioner’s periods of possession of the children.

9. The Court should order Respondent to pay support to Petitioner until a final decree is signed.

10. The Court should order Respondent to produce copies of income tax returns for tax year 2008, 2009, 2010 and 2012, a financial statement, and current pay stubs by a date certain.

11. The Court should order Respondent to pay reasonable interim attorney’s fees and expenses.

12. The Court should order Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 7-1.

13. The Court should order Respondent to produce copies of all the tax information necessary to prepare Petitioner’s tax returns for tax year 2008, 2009 and 2010 , including tax returns and all supporting schedules for year 2012, by a date certain.

14. The Court should order the parties to participate in an alternative dispute resolution process before trial of this matter.

15. The Court should order Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure.

16. The Court should order Respondent to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit Petitioner to obtain health-care information regarding the children.

17. The Court should order Respondent to execute for all health-care providers of the children an authorization for disclosure of protected health information to Petitioner pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

18. The Court should order Respondent to designate Petitioner as a person to whom protected health information regarding the children may be disclosed whenever Respondent executes an authorization for disclosure of protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

19. The Court should order a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate.

20. The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable and for the safety and welfare of the children.

IT IS FURTHER ORDERED that any authorized person eighteen years of age or older who is not a party to or interested in the outcome of this case may serve any citation, notice, or process in this case.

SIGNED on at .M.

JUDGE PRESIDING

The purpose of the temporary restraining order to set up the rules of the divorce. You may not be agreeable to visitation and support issues with your spouse. Thus, Judicial intervention in required to give the parties guidance in how to behave in the divorce.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases. He is familiar with the policy and procedures of the Houston Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Please call with your family law or divorce questions for contested divorce Houston Texas.